BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair SB 974 (Evans) - State parks: proposed closures. Amended: May 1, 2012 Policy Vote: NR&W 7-2 Urgency: No Mandate: No Hearing Date: May 24, 2012 Consultant: Marie Liu SUSPENSE FILE. AS PROPOSED TO BE AMENDED. Bill Summary: SB 974 would create a process for the Department of Parks and Recreation (DPR) to review the impact of closed parks, determine whether future parks should be closed, and plan for the reopening of closed parks. Fiscal Impact: One-time costs of approximately $250,000 and ongoing costs of approximately $115,000 from the State Parks and Recreation Fund (General Fund) beginning in 2013-14 to develop a reopening plan for each closed park. One-time costs of approximately $1 million and approximately $150,000 in ongoing costs from the State Parks and Recreation Fund (General Fund) beginning in 2013-14 for the development and annual update of the master re-opening plan. Background: California's state park system includes 278 park units in 20 geographically-based districts. California's state parks are in budgetary crisis. DPR has had to operate the state park system on an increasingly thin budget. In the 2011-12 budget, the Legislature adopted and the Governor approved an $11 million reduction in General Fund support to DPR with an additional reduction in 2012-13, for an ongoing annual General Fund reduction of $22 million. These cuts culminate over two decades of budget cuts to DPR. At the same time as DPR's budget has been shrinking, demands on the system have been increasing due to new state park lands, a growing population, and an increase in park visitation. These pressures have compounded into a deferred maintenance backlog of over $1.3 billion, reduced hours of operation and services at parks throughout the system, and DPR's proposal to close up to 70 park units beginning in July 2012. SB 974 (Evans) Page 1 AB 95 (Committee on Budget) Chapter 2/2011, established criteria by which DPR must follow to determine which parks should be closed. The criteria includes the park's relative statewide significance, annual visitation numbers, expected net savings from closure, physical feasibility of closure, deed restrictions, potential for partnerships to support the park, and significant infrastructure deficiencies. Proposed Law: This bill would require DPR to: By July 1, 2013, conduct a review of the parks closed or proposed to be closed on July 1, 2012 that includes an examination of how that park was chosen for closure, the impact of that closure on the local economy, whether the closure required action under the California Environmental Quality Act (CEQA), and how much the closure itself cost. By July 1, 2013, and annually thereafter, conduct the same review for any park that may be considered for closure in the future. Prepare a report to be posted on the DPR website that explains the basis for choosing which parks to close. DPR would be required to hold a public comment period for 30 days after the release of this information and to respond, in writing and on the website, to all comments received within 60 days of the end of the comment period. By July 1, 2013, for each closed park, prepare a plan for reopening of that unit that includes a description of required work necessary to reopen the park and the needs of the reopened park. This plan shall be updated annually if needed. By January 1, 2014, and annually thereafter, submit to the Legislature a master parks reopening plan that determines the process for reopening a closed park including criteria to prioritize which parks should be opened first. Related Legislation: SB 1078 (Evans) currently on the Senate Appropriations Suspense File; AB 1589 (Huffman), currently in the Asm. Committee on Revenue and Taxation; Governor proposed trailer bill for FY 2012-13. Staff Comments: There has been considerable public concern regarding DPR's proposal to close up to 70 parks as a result of a long history of budget cuts to the state park system. The report that examines the impacts of park closures has the potential to address some of the public concerns by providing SB 974 (Evans) Page 2 retrospective transparency to the closure process. However, this transparency will require significant amounts of work and expense for a department with little, if any, extra resources for the new work required in this bill. Some of the analysis required for the reports regarding the impacts and rational for closures have already been completed by DPR in determining the closure lists, but other required elements, specifically regarding impacts to local economies and formal actions under CEQA, have not been done. According to DPR, they do not have the in-house expertise to evaluate the impact of park closures on local economies and will thus have to contract out this assessment at an approximate cost of $50,000 per unit for each of the 70 parks proposed for closure. DPR would also be required to hold at least two public meetings to gather public comment for this report at a minimum cost of $20,000 for a total cost of at least $3.5 million. Staff notes that the Department has determined that CEQA does not apply to closing a park. This bill seems to require DPR to conduct a CEQA process regardless, if that is the case, this bill could have an additional cost in the millions to tens of millions of dollars. This bill would also require DPR to publically release a report explaining the basis for choosing which parks are to be closed by July 1, 2012. This information has already been compiled for a request by the Budget Committee. However, this bill would require DWR to collect public comment on this information and respond to each comment in writing and on the website, which has not yet been done. This response would likely cost DPR at least $50,000. This bill would require DPR conduct a closure impact analysis for any future park proposed for closure. As there are no additional parks proposed for closure at this time, this requirement has no costs for FY 2013-14, but an unknown impact in the future. This bill would require reopening plans to be developed for each park closed as well as a master reopening plan. These requirements reflect the widespread hope that the park closures necessitated by budget cuts are temporary. When the budget allows parks to be reopened, the requirements in this bill for the development of reopening plans and a master parks reopening plan will be valuable and necessary. DPR estimates that the SB 974 (Evans) Page 3 individual plans will cost between $3,000 to $5,000 each for of the initial plans and approximately $1,000 to $3,000 per plan for an annual update for approximately $250,000 in one-time costs and $115,000 in ongoing costs. Staff notes that much of the information necessary for the reopening plan has already been collected as part of the closure process, but there is some cost to compile the information into a plan. The master parks reopening plan is more comprehensive than the individual park reopening plans and therefore DPR estimates that this requirement will cost approximately $1.75 million in one-time costs for the initial plan. While DPR did not estimate the cost of annually updating the master plan, staff believes that the update will likely have similar costs to the individual plan updates for an ongoing cost of $150,000. Staff further notes that any budget restoration to DPR may not necessarily be used to reopen parks. Rather the Legislature and the Administration will need to decide what portion of restored funds should be spent on maintaining open parks, which still have over a billion dollars in deferred maintenance despite closures, and what portion should be spent on reopening parks. The master reopening plan required by this bill does not reflect the need for this discussion. Proposed Author Amendments: Limit the report regarding impacts of park closures to only apply to parks proposed to for closure after July 1, 2012 and reduce the information that must be contained in the report, including an analysis of local economic impacts; specify that DPR is not required to conduct a formal economic or environmental analysis for the purpose of developing a reopening plan; require that the master parks reopening plan be based on reopening plans developed for individual parks. Committee amendments: Limit the report regarding impacts of park closures to only apply to parks proposed to for closure after July 1, 2012 and reduce the information that must be contained in the report, including an analysis of local economic impacts; require that the master parks reopening plan be based on reopening plans developed for individual parks; and clarify that the closure report is due one year from the park being closed to public access or the ending of department support. SB 974 (Evans) Page 4